A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around December 9, 2013, the Defendant, as the representative director of the Company B, entered into a contract to establish a right to lease on a deposit basis with the victim C and Eul for the lease of the lease on a deposit basis, the term of the contract from December 9, 2013 to June 30, 2016. Around December 10, 2013, the Defendant had the owner of the building D completed the registration of the right to lease on a deposit basis with the owner of the building C, the term of the lease on a deposit basis, the term of the lease on a deposit basis, the term of the lease on a deposit basis, the term of the lease on a deposit basis, and the term of the lease on a deposit basis, the term of which is “from January 1, 2014 to June 30, 2016.”

On June 2016, the Defendant concluded that “The Defendant would receive money from the bank when cancelling the right of lease on a deposit basis if the right of lease on a deposit has been established” to the victim via F, a director of the management office of the said D building, who was demanded the victim to return the deposit at a lower place on which the lease contract expired.

However, at the time, the Defendant returned the deposit amount equivalent to 4.3 billion won to 60 households of the above D building. However, since the bank could have received only 3.4 billion won, there was a shortage of funds to return the deposit money, the victim did not have the intent or ability to return the deposit amount to 98 million won even if the right to lease on a deposit basis was cancelled.

Around August 19, 2016, the Defendant, by deceiving the victim as above, had the victim take advantage of property benefits equivalent to KRW 98 million by cancelling the registration of the establishment of chonsegwon on the said D Building E from the Daegu District Court racing support registration and the registration of the establishment of chonsegwon on August 19, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes on a lease contract or apartment register;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Although Article 62(1) of the Criminal Act of the suspended sentence is highly and less likely to cause damage to the reason for sentencing, there are many apartments in B in 2018.